OPM Medical Retirement Law: Incomplete Knowledge

Like a house abandoned in mid-construction, you can often tell about a person who suffers from such a “malady” — the metaphor of the unframed windows; perhaps the roof shingles had not yet been laid, leaving only the plywood boards which would slowly rot away; and while the concrete foundation may have been set, the siding or brick had not yet been placed, leaving the frame of the house standing, yet incomplete.

There are descriptive terms often used: “A little bit of knowledge is a dangerous thing”; or, just of the autodidact who has little bits of knowledge here and there, but cannot quite put his arms completely around the subject at hand.  Incomplete knowledge is what we all experience, because the complexities of a subject have become too technical, too all-encompassing, such that we can barely complete our education on any single sub-section of a discipline.

Federal Disability Retirement Law is similarly poised — for, the compendium of case-laws handed down through judicial opinions, whether from the U.S. Merit Systems Protection Board or from the Federal Circuit Court of Appeals, has modified the originating statutes and regulations governing Federal Disability Retirement Law.

It is bad enough that the U.S. Office of Personnel Management itself fails to apply the law — often because of incomplete knowledge — but it happens enough times to the disadvantage of the Federal or Postal employee, such that a more complete knowledge of the law is necessary to rebut an unfairly-rendered decision.

Contact an OPM Disability Attorney who specializes in Federal Disability Retirement Law, and make sure that you are not denied your eligibility rights because of incomplete knowledge.

Sincerely,

Robert R. McGill,
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement: Recognition

At some point in one’s life, there is a recognition that a “gap” has been established between the dreams of one’s youth, the expectations of reality embraced in adulthood, and the lack of achievement one has attained in the final stages of one’s life.  It need not be a final moment of a gestalt-like profundity, where we suddenly realize with a declarative “Aha!” at some critical juncture in our life; rather, it can be a subtle realization over time, concluding with an expectation of acceptance, or of bitterness towards life’s unfairness.

Life is, indeed, unfair.  Two people can toil and sweat at one’s work and have starkly differing results.  One may become very wealthy; the other, constantly struggling just to live from paycheck to paycheck; and yet, the extent of cognitive or physical effort expended by each may be of little difference.  One may counter: It is not the effort expended, but rather, the value of the product or service offered.  But even that is not quite true, is it?

The classic example is the pay scale of a teacher — irrefutably of greater value than the sale of vehicles or mink coats, yet of relatively paltry return.  One never hears of a wealthy teacher; one hears of wealth attained through frivolous services based upon an idea engineered in the basement or garage of a computer whiz-kid.

Recognition is an important crossroads; of the disparity between what one expected and what one has achieved; of determining early on what is of value, of how one defines “success” as opposed to “failure”; and of resisting the idea that all of youth’s folly must be realized in order to be deemed a success, leaving aside whether success itself must be narrowly defined by a person’s pocketbook contents.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, there is often a necessary prerequisite of a recognition that one’s Federal or Postal career is over.

Filing for Federal Disability Retirement under FERS is not, however, a recognition that one will never achieve or attain what one originally set out to do; rather, it is a recognition that there is life after a Federal or Postal career, and that the medical condition has merely revealed an incompatibility between one’s Federal or Postal position and the medical condition that one never asked for, but a reality with which one must deal with — a recognition itself that is an important first step.

Sincerely,

Robert R. McGill
FERS Disability Lawyer

 

OPM Disability Retirement: Desperation in a time of crisis

There is the crisis, perhaps born of a lingering problem allowed to fester and froth until the boiling point allowing for a simmering of persistent steam to rise and spill over; and then, of our reaction, our departure point where sanity and coherence become overwhelmed and replaced with a sense of doom.

We have all been through a crisis; it is part and parcel of a life lived; and though we never ask for it, it comes when least expected, when we are most vulnerable, and when we believe that we can no longer withstand the tornado of unbounded fury.

There have been moments where the crisis naturally passes, and we simply must await its presence and ultimate disappearance.  Then, there have been ones where we have the strength to muster, to counter and fight, and to overcome — and those are the ones where preparation in youth in replenishing and fortifying one’s strength of character and resolve allowed for the abundance of that inner reserve to take over, almost as if a transcendent, supernatural force took control and led one to greater heights of one’s capacity to withstand and defeat.

Then, at other times, where human strength alone may not have been enough, and it was the support of others — friends, family members, and even the family dog, who allowed one to survive and to continue on.  But it is the last within the list of responsive capabilities — where the crisis comes, and one’s sense of desperation in a time of crisis becomes apparent, and that is when the danger-point comes to the fore.

Desperation in a time of crisis is when one’s strength has been sapped; when the vulnerabilities are revealed like an open sore inviting infection to spread; and when no amount of support from family or friends can appease the soul of the epiphany of sorrow that will not be comforted and where the heaving sobs of despair cannot be stopped.  It is those times when some glimmer of hope must be shone, for it is desperation in a time of crisis that brings a person to the edge of the proverbial cliff, where the jagged rocks of life below foam with an unwary eye of remorseless undercurrent in dousing the flame of life’s gift.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is important not to allow for the growing medical crisis to become a moment of desperation in the time of crisis.

Consult with an attorney who is experienced in OPM Disability Retirement Law; allow for the door of hope to remain open, and do not allow desperation in a time of crisis to defeat that which may yet have a solution; it’s just that you may not know about the solution, but consulting with a Specialist in the field of FERS Disability Retirement Law may be the pathway out of a misperceived situation of desperation in a time of crisis.

Sincerely,

Robert R. McGill
OPM Disability Lawyer

 

OPM Disability Retirement Help: Different Standards

To overdress is almost always acceptable; to underdress — well, while it may be acceptable, you may have to endure being the subject of curiosity and quiet whispers of raised eyebrows.

There are different standards for every occasion, endeavor, event or engagement; some high, others low; a few enforced without exception while still maintaining a sense of decorum and the rest of them left to ignored apathy where anything goes.  Some private clubs seem to thrive upon the exclusivity of standards maintained so high that few can meet the exceptionalism applied, while those more accessible to the public allow for flagrant violations with nary a nod or a wink.

It is when the context becomes the content that eyebrows become raised, and the higher the brow the more exclusive the thinking.  For the rebel, it is always difficult to try and convey the notion that one must adapt and change with the circumstances — that standards are applied, and you must recognize those standards and act accordingly.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the standards set have now failed to be met — whether at the personal level or the professional — it might be time to consider filing for Federal Disability Retirement benefits, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Whether through a recognition of the standards set for yourself — which is often higher than what is acceptable by others — or because you are beginning to get the hints that your agency or the Postal Facility has become dissatisfied with your work performance, your attendance or excessive use of sick leave; whatever the reason, the plain fact is that the medical condition itself is always the basis for determining the need to alter and modify one’s personal and professional standard.

Don’t be too hard on yourself.  The standard you used to apply before the onset of a medical condition should not be the same one that is applied to your present situation, and you should therefore consider that the standard of maintaining one’s health is the present priority exclusively, no matter what your Federal Agency or your Postal Facility tries to have you believe.

Consult with an attorney who specializes in Federal Disability Retirement Law, and determine whether you “meet the standards” to apply for Federal Disability Retirement benefits through the U.S. Office of Personnel Management.  They may be different than what you think.

Sincerely,

Robert R. McGill, Esquire

Postal & Federal Disability Retirement: Adrenal Fatigue

One need not be officially diagnosed with Addison’s Disease in order to incur the wrath and ravages of adrenal insufficiency.

Life’s multiplicity of compounding and complex stresses; exhaustion beyond merely feeling “run down” or otherwise out of synchronized balance from everyday feelings of adequacy; a sense of profound fatigue, where cognitive dysfunctions develop, and where symptoms of falling asleep at meetings, where the world appears at times to become a distant echo chamber and what others view as a normal pace appear in dizzying fashion of incomprehensible clatter of distractions; and where visual disturbances occur systematically as one attempts to view the computer screen and perform work which, in previous times, was merely mundane and monotonous, but now requires an effort beyond sheer force of will.

Does modernity and technological stress contribute to medical conditions which may have no name, and often defies pigeonholing because of the mysteries of the human body and psyche?  A broken arm is easy to identify, and normally just as correctable; a cervical or lumbar disc degeneration, perhaps a bit more complex, but often manageable; chronic pain, but for a parallelism between objective testing and pain points, sometimes an anomaly; psychiatric conditions, of greater mystery which has become too often a pharmacological corridor for treatment modalities; but where profound and intractable fatigue more often than not is beyond the capacity to be diagnosed.

However one characterizes it — of adrenal fatigue, insufficiency, chronic fatigue syndrome, or other designations of type; it is ultimately the reality of the daily toil and turmoil with which the patient must contend.  For Federal employees and U.S. Postal workers who experience such a state of physical and psychiatric condition, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, may be the best and only alternative available.

In the end, adrenal fatigue may be more than an endocrine imbalance; there is often a complex component where multiple medical conditions ravage the body and mind, and as with so many issues in law and life, there is a vast chasm between having a medical condition, being properly treated for the condition, and proving one’s medical condition in law such that one can be found eligible for Federal & Postal Disability Retirement benefits through the U.S. Office of Personnel Management.

Fatigue, whether of the adrenal kind or of resulting impact from a lifetime of stresses, is a basis for Federal OPM Disability Retirement; attending to the condition should always be the first order of business; proving it, the second and subsequent thereafter.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Disambiguation

Aside from being an ugly word, it begins with the premise of negation and mistake.  As a reversing force, it clearly undermines the root word and takes away from the primary centrality of meaning.  It is the ambiguity which needs to be corrected.

In narrative forms, where stated purpose is important to convey, to begin with a lack of communicative clarity presents a problem of origins.  Where one begins; how one came to be formed; the historical context of one’s existence; these are all contained in the roots of the pretext of being:  “The beginning…”

For Federal employees and U.S. Postal workers embarking upon the voyage of formulating, preparing and filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, the important lessons to be gleaned from such a concept is that the vehicle of the written word is best put forth at the outset without a later need for correction.

Arguing one’s medical condition, and the linguistic bridge between one’s positional description of duties for a Federal agency or the U.S. Postal Service job, requires a clear and linear methodology of logical argumentation.  Preparing an effective Federal Disability Retirement application should not lead the reviewer at OPM to scratch one’s head in confusion; rather, there should be an unwavering “point-by-point” roadmap like an unequivocal teleology of straight and narrow discourse, without confusion, without puzzlement, and certainly without the creation of an endless maze.

There are times when convoluted discourse has an intended effect, and where lack of core clarity may have its advantages (look, for instance, at politicians who dissemble for obvious reasons on those sensitive “issues” during a debate); but walking on a bridge without railings on a thick misty morning has its dangers, and it is better not to have fallen, than to learn that the depths of the rushing waters below requires more than just an ordinary swimmer’s strength.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Federal Disability Retirement from the Office of Personnel Management: The Insular Universe

The self-containment of society has reached a point of no return; when the universe of virtual reality becomes the focus of dominant conversation, where movies depicting historical events replace the factual narrative of serious discourse; of twitter terminals constituting serious haikus of accepted profundities; the age of human innovation and creative destiny has indeed come to an end.

So where does empathy fit into the maze of humanity?  For a bureaucracy, processing paperwork and finishing tasks satisfies the requirement of emotional output designated for responsiveness.

For the individual awaiting a decision on one’s application for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether the Federal employee or the U.S. Postal worker is under FERS, CSRS or CSRS Offset, the dealings with “life issues” are comprised of:  first and foremost, attending to the medical condition; second or third, the increasing vitriol of the Federal agency, its agents and assigns, or the U.S. Postal Service through its supervisors, managers and other thoughtless coworkers who engage in various forms of harassment and pushing of pressure points; and further down the sequential order of priorities, waiting upon the administrative process of filing for, and anticipating, a decision from the U.S. Office of Personnel Management.

In a universe where reality and virtual reality no longer have a distinctive bifurcation of differentiating margins, the qualitative conditioning of terminating that video drone is of no greater consequence than denying an application for Federal Disability Retirement benefits.

The key, then, is how best to awaken the sleepy eyes of the Administrative Specialist at OPM?  In real life, medical conditions have a traumatic impact upon life’s otherwise uneventful discourses.

How to convey that narrative to a bureaucracy and administrative process is the question of paramount importance.  How to shake up the slumbering mind overtaken with years of callous disregard, and pull from the insular universe of self-containment the reality of one’s condition, depends upon the medical documentation, the statement of disability, and the legal argumentation propounded in a compendium of discourse which will touch the soul.  That is the ultimate art of legal training.

Sincerely,

Robert R. McGill, Esquire